The Family Educational Rights and Privacy Act of 1974 (also known as the Buckley Amendment)
CCS
Office of the Registrar
Review: basic student FERPA rights
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1. Right to inspect and review everything in their
record.
2. Right to request changes to their educational
records.
3. Right to appeal a decision of the university to
not make requested changes.
4. Right of some control over the disclosure of
information from their education record.
•
Without a student's written permission, it is a violation of
FERPA to
release non-directory information to third
parties
(unless an exception provided by statute).
1. Question…..
Scenario:
Local police call, a person claiming to be a student has been arrested.
You know that the police have a policy of releasing an
arrested student for minor infractions, (what is involved in this case), if they can verify that the person is a student.
You check the Student Management system and find
the person is currently enrolled at CCS but has a No Information block.
Answer: No
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You respond:
“I have no information that I can release on that individual.”
You are honoring the student’s FERPA right of non-disclosure.
(Once requested, confidentiality stays in force, until the student revokes it in writing.)
2. Question…..….
True or False?
A deceased student’s educational record is still protected
2. Answer….
False The privacy interests of an individual expire with that individual’s death.
So “NO” - educational records of deceased students are not protected by FERPA.
3. Consider this hypothetical situation…..….
A faculty member has an emergency and must leave class before distributing test results to his students.
He leaves the graded exams in a pile on the desk and instructs the students to retrieve their own exams from the pile.
3. Answer….
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NO
– This method of grade distribution is a VIOLATION
of FERPA and could subject he faculty and the
COLLEGE to a formal complaint.
Why?
Because while trying to locate their own exam
results the students would have access to other student’s
data.
4. Question……..
Someone calls claiming they are a student and want you to discuss information from their educational record….they offer to give you the last 4 digits of the SSN as they do not remember their CCS ID?
Can you verify their identity based upon the last 4 digits of the SSN, and their name?
4. Answer…………
10
NO
– you may not do this.
“
confirming directory information based on the last four
digits of the SSN would not be permitted under
FERPA. This equates to confirming the SSN which the
new regulations specifically prohibit, absent written
consent from the student.”
LeRoy S. Rooker, Senior Fellow AACRAO and former director of
U.S. DOE FERPA Compliance Office.
5. True or False?
A student has a right to inspect information in his or her file in the Registrar’s Office and in his or her academic department or college.
True
6. Faculty have a right to inspect education records of any student attending CCS without giving a reason.
False
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7. CCS must release, to anyone, upon request, any information identified as directory information by the institution.
FALSE
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8. A former student has the same right to inspect and review his record as a student currently attending CCS.
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9. Currently attending CCS students have the right under FERPA
to request that all of their educational records not be disclosed, to anyone, and CCS must comply.
False
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10. Parents may obtain confidential information from their student’s academic record.
TRUE
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11. A CCS student’s degree can be confirmed to some external source without first obtaining the permission of the student.
TRUE
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Review…….KEY FERPA CONCEPTS…
1. Written permission required for disclosure of student
education record:
If it’s not Directory Information – don’t release it.
e.g. Transcript request form requires student signature.
2. Exceptions to written permission rule exist:
Entities with Legitimate Educational Interest Financial aid providers and authorities
3. Students have right to access & review their records,
and due process for complaints.
4. Parents/parental disclosure –
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AUTHORITATIVE SOURCES
LeRoy Rooker , Senior Fellow AACRAO and former Director – US DOE Family Policy Compliance Office. One Dupont Circle, NW. Washington DC 20036
AACRAO FERPA Guide. 2006. American Association of Collegiate Registrars and Admissions Officer. Dennis Hicks, managing editor.
The FERPA Answer Book for Higher Educational Professionals. 2009. Aileen Gelpi, Esq., and Clifford A Ramirez. Wiley Periodicals, Inc. A Wiley Company.
U.S. Dept. of Education. Family Policy Compliance Office.
